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(영문) 서울남부지방법원 2017.02.28 2016고단141
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

The defendant is a member of the local reserve force.

1. On October 28, 2015, the Defendant received, through his father C, a notice of a call-up for education and training that would result in the second supplementary training for the first half of the education and training period (4 hours) from the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government building B and B 601 on November 19, 2015, from the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government building B and B 601 on November 19, 2015, but did not undergo training without justifiable grounds.

2. The Defendant did not undergo training without justifiable grounds, even though he received a notice of convening an education and training call, which would result in the second carried-over training (4 hours) on November 20, 2015 at the time, at the same time, and at a place, as the above paragraph 1, and on November 20, 2015, by his father C.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Receipt of each muster notice, delivery confirmation of each muster notice, application of statutes governing the organization card of local reserve forces;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces and the Selection of Punishment for the Crime, Articles 15 and 6 of the Act on the Establishment of Local Reserve Forces, and Selection of Imprisonment with labor;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes was punished by a fine for the same kind of crime on seven or more occasions, but again, the Defendant committed the instant crime. In short, the Defendant did not faithfully attend the trial process, and the overall conditions for sentencing, such as motive for the crime, circumstances after the crime, etc., are considered.

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